
REPORT OF THE 

COMMISSION ON 
FEES OF COUNTY 
OFFICIALS 







To the 75th General Assembly 


FRED. J. HEER 


STATE PRINTER 























REPORT 

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Commission on Fees of 
County Officials. 


To the 75th General Assembly. 


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Fred. J. Heer, State Printer, 
Columbus, Ohio. 





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REPORT 

OF THE 

Commission on Fees of 
County Officials. 

To the 75th General Assembly of the State of Ohio : 

The undersigned, having been constituted a “Commission of Fees of 
County Officials,” by an act of the 74th General Assembly, passed March 
16, 1900, (94 O. L., 40), respectfully ^submit our report as required 
by said act, containing a schedule of fees of the various county officials, 
together with a construction of the statutes relating thereto, and recom¬ 
mendations as to legislation on that subject. 

PRELIMINARY STATEMENT. 

The present arrangement of the statutes and the indexes thereto, 
is such that no one can be certain that he has found all the statutes relat¬ 
ing to fees of county officials. 

In construing many of these statutes, able lawyers do not agree. We 
submit our best judgment in such cases. 

In those instances where the members of the Commission could 
not agree as to the proper construction, we have stated the question in 
the form of a query. 

We have adopted the following plan in presenting the schedule 
of fees and construction of the statutes: 

1. Under the title of each officer we present the schedule of fees 
for that office in the order of the statutes relating thereto. 

2. After each statute we give notice of our construction thereof 
in some cases assigning our reasons therefor. 

3. Many statutes provide for compensation by referring to other 
statutes by the expression, “shall receive the same fees as in like cases,” 
or similar expressions. When, in our judgment, the reference was .so 
clear as not to admit of misinterpretation, we Jiave not retabulated the 
fees provided by such statutes. 

4. We have tabulated and construed only the general statutes; and 
have not undertaken to make special reference to local acts, or those 
providing for emergency cases. 


( 3 ) 



4 


REPORT OF THE 


RECOMMENDATIONS. 

In enacting laws on the subject of fees and compensation of county 
officials, the following propositions should be kept in view: 

1. County offices are created primarily to supply the public needs, 
not for the sake of gain, either for the public or the officials. 

2. The public provides the county offices, and the agencies for dis¬ 
charging all duties in relation thereto, primarily for the benefit of the 
public. 

3. The county officials should receive proper compensation for their 
services, from the public; their primary duty being to the public. 

4. Persons who for purely private purposes use these agencies of 
the public, should pay for the service so performed for them. 

The fees of county officials were originally fixed at a time when 
the requirements of public business were very much different from those 
which now exist. As the counties of the state have developed, new con¬ 
ditions have arisen. Seventy-four legislatures have, from time to time, 
by enactment or repeal, so changed and modified the laws on the subject, 
that the statutes as they now stand, lack uniformity, consistency, and 
certainty. 

As a result, different practices have grown up in the various counties. 

Great uncertainty as to the law on the subject exists in the public 
mind, due sometimes to an honest difference of opinion as to the 
interpretation of the law, and sometimes to a wanton disregard of the pro¬ 
per statutory construction. 

There should be some reason for fixing a specified fee for a certain 
service, based upon the demands of public business, and the requirements 
of the public service. These fees should be as nearly uniform as possible, 
in order to simplify the question, both for the officials and those dealing 
with them. For example, why should the fee for indexing be so widely 
different for the various county officials? Why should not the fee for 
the same service be uniform for all county officials? 

This Commission was not given the authority and power to investi¬ 
gate this important question. Hence, we have not attempted to make 
recommendations as to what the schedule of fees should be. 

We, therefore, respectfully recommend that, — 

First: The laws in relation to fees be made, in so far as possible, 
clear and uniform. 

Second: The Legislature ascertain, as nearly as practicable, what 
the fee for each service should be under present conditions. 

We suggest that the Legislature adopt some plan for learning the 
facts necessary to aid in intelligently preparing such a schedule of fees. 

Third: There should be state supervision of the accounts of county 
officials, in order better to secure and maintain uniformity, accuracy and 
efficiency. 


COMMISSION ON FEES OF COUNTY OFFICIALS. 


5 


We attach hereto the schedule of fees, and our construction of the 
statutes relating thereto, of the following county officials: Auditor, 
Probate Judge, Clerk of Courts, Sheriff, Treasurer, Recorder, Commis¬ 
sioner, Prosecuting Attorney, Surveyor, Coroner, and Infirmary Director. 
Respectfully submitted, 

W. D. Guilbert, Auditor of State. 

J. M. Sheets, Attorney General. 

Lewis C. Laylin, Secretary of State. 


6 


REPORT OF THE 


AUDITOR. 

SECTION 850. 

This section undertakes to provide compensation for indexing past 
record^ of the proceedings of the county commissioners, and keeping up 
the index to such records. 

Query : Does this section fix the amount of compensation? In 
construing the phrase “such compensation as is provided for like services 
in other cases,” it is admitted that there is no other provision for com¬ 
pensating the auditor for indexing. It is suggested that the expression 
“like services in other cases” refers to like services of other county officials. 
Which county official and what services are referred to? 

Section 1260 allows the clerk four cents for indexing each cause in 
appearance docket, fifteen cents for indexing judgments and final orders, 
four cents for indexing each cause on trial docket, and eight cents for 
indexing executions. 

Section 546 allows the probate judge eight cents for indexing each 
cause. 

Section 1157 allows the recorder ten cents for indexing each instru¬ 
ment recorded. 

It seems plain that the legislature intended to provide compensa¬ 
tion for the indexing required by said section 850; and equally clear that 
the legislature failed to clearly specify what the compensation should be. 


section 1062. 

The county auditor, as the county sealer of weights and measures, 
is entitled to receive for his services as follows: For sealing and mark¬ 
ing every beam, ten cents; for sealing and marking measures of extension, 
at the rate of ten cents per yard, not exceeding twenty-five cents 
for any one measure; for sealing and marking every weight, five cents; 
for sealing and marking liquid and dry measures, if the same be of one 
gallon or more, ten cents; and if less than one gallon, five cents; and a 
reasonable compensation for marking such weights and measures, so as to 
conform to the standards. 

NOTES^ 

1. Above fees are to be paid by the party requiring the services. 
There is no provision for payment thereof by the county. This con¬ 
clusion is strengthened also by the fact that the service is not done for the 
public, and also by the wording of the statutes “is allowed to receive.” 

2. In the phrase “reasonable compensation for marking such weights 
and measures,” the service referred to is the same as that for which spe- 



COMMISSION ON FEES OF COUNTY OFFICIALS. 


7 


eific items of compensation are provided by this section. Evidently the 
words “in addition” are to be supplied in order to give 'effect to this 
part of the statute. As no officer or other agency, is provided for fixing 
the amount of this “reasonable compensation,” it would seem that an 
appeal would have to be made to the courts, in the event that the sealer 
and the party for whom the service is performed failed to agree on the 
amount thereof. 


section 1069. 

In counties having two thousand male inhabitants above the age of 
twenty-one years, to be determined from the last quadrennial enumera¬ 
tion, eight hundred dollars per year,.and in addition thereto the sum of 
twelve dollars per year for each additional one hundred such inhabitants 
above two thousand, in such county. 


section 1070. 

County auditors shall receive additional compensation, based on the 
last quadrennial enumeration of their county, as follows: 


Counties having less than 3,500. $150 00 

Counties having 3,500 and less than 4,500. 180 00 

Counties having 4,500 and less than 5,500. 210 00 

Counties having 5,500 and less than 6,500. 240 00 

Counties having 6,500 and less than 7,500. 270 00 

Counties having 7,500 and less than 8,500. 300 00 

Counties having 8,500 and less than 9,500. 330 00 

Counties having 9,500 and less than 10,500. 360 00 

Counties having 10,500 and less than 11,500. 390 00 

Counties having 11,500 and less than 15,000. 780 00 

Counties having 15,000 and less than 17,500. 840 00 

Counties having 17,500 and less than 20,000. 900 00 

Counties having 20,000 and less than 25,000. 1,050 00 

' Counties having 25,000 and less than 40,000. 1,800 00 

Counties having 40,000 and less than 50,000. 2,100 00 

Counties having 50,000 and less than 60,000. 2,400 00 

Counties having 60,000 and less than 70,000. 2,550 00 

Counties having 70,000 and less than 80,000. 3,000 00 

Counties having 80,000 and less than 90,000. 3,300 00 

Counties having 90,000 and less than 100,000. 3,600 00 


NOTES. 

i. “Such inhabitants” refers to male inhabitants over twenty-one 
years of age referred to in section 1069 5 an d the number of such inhabi¬ 
tants is determined by the quadrennial enumeration as provided by sec¬ 
tion 1072. 
























8 


REPORT OF THE 


2 . In counties whose auditor receives a fixed compensation, pay¬ 
able out of the fee fund, the amount allowed by this section shall be 
passed to the credit of said fee fund of such county; and the auditor shall 
in no case receive a greater compensation than the one so fixed by law 
to be paid him out of said fee fund. 


section 1071. 

Auditors are allowed four per cent of the amount of tax collected 
and paid into the county treasury, on property omitted and placed by 
them on the tax duplicate. 

NOTES. 

I. The rule for determining whether the four per cent, shall be 
charged is that the property “omitted” was such as would otherwise 
escape taxation were it not for the efforts of the auditor discovering and 
placing it on the duplicate. For example, no such charge can be made 
for additions, made in the regular way, of property, the return of which 
has simply been delayed. 

The auditor is entitled to said four per cent, when information of 
omitted property is conveyed to him by the tax inquisitor, or by any 
other means, such as report in probate office. 


section 1073. 

For certificate of sale of school lands to be paid by the purchaser, 
twenty-five cents; for certificate of payment of installment into the treas¬ 
ury of school lands, to be paid by the purchaser, fifteen cents; for final 
certificate of payment for school lands to be paid by the purchaser, seventy- 
five cents; for deed of land sold for taxes, to be paid by the purchaser, one 
dollar; for the transfer of an entry of land, lot or part of lot, is to be paid 
by the person requiring the same, eight cents, but fees in any one deed, 
plat or other instrument shall not exceed one dollar and fifty cents. 


section 1074. 

For services under free turnpike laws: 

Recording required to make complete record, each 100 words (three figures 


counted as one word). :. 08 

Making special tax duplicate, each description of property. 08 







COMMISSION ON FEES OF COUNTY OFFICIALS. 


9 


SECTION IO75. 

For services under improved road laws: 

Recording required to make complete record, each 100 words (three figures 


counted as one word).$ 0 08 

Making special tax duplicate, each description of property. 08 


SECTION IO76. 

In years when real property is required by law to be re-appraised 
the county commissioners have authority, and are required, to make 
an additional allowance to county auditors for clerk hire, not exceeding 
twenty-five per cent, of the annual allowance made in the preceding 
sections. 

NOTES. 

1. The “annual allowance” referred to in this section refers only 
to the annual allowance provided for in sections 1069 and 1070. 

2. In the phrase “in the years when real property is required by 
law to be re-appraised,” the word years is not restricted to the year in 
which the district assessors value real property, but includes also the 
succeeding year in which the auditor is required by the law to perform 
work in connection with the decennial appraisement. The amount allowed 
should be limited to the amount actually expended for additional clerk 
hire, renedered necessary by such services in connection with such re¬ 
appraisement. 


section 1078. 

This section provides that “the fees and compensation provided for 
by the foregoing sections shall be in full for all services lawfully required 
to be done by the auditor of such county. 

NOTE. 

There are several statutes following this section which allow fees 
and compensation to county auditors. Some of those were enacted since 
said section was passed. Others were passed prior to the enactment 
thereof, and were carried into the revision of 1880 along with it. 

Section 1078 does not forbid the auditor to receive the fees and 
compensation allowed by such suceeding sections. They are to be con¬ 
sidered as exceptions to the general provision of section 1078. 






10 


REPORT OF THE 


SECTION 1365. 

The county commissioners, upon investigation, and being of opinion 
that the compensation of the county auditor, county treasurer, clerk of 
court, sheriff, coroner, probate judge, or recorder, as their fees are pre¬ 
scribed in chapters relating to their respective offices, is either too great 
or too small, may by order entered on their journal, increase or diminish 
such prescribed fees of any such officer to the extent of ten per cent., 
which thereafter shall be lawful fees for such officer. 

NOTES. 

1. The fees to be considered by the commissioners are only those 
provided by the chapter of the statutes relating to' the office under con¬ 
sideration. 

2. The increase or decrease shall be horizontal. This applies to 
fees only and does not include salaries. 

3. Cuyahoga and Hamilton counties are excluded from the provi¬ 
sions of this statute. 

4. The proviso referring to counties having 20,000 inhabitants re¬ 
fers to those counties which by the federal census of 1870 had a population 
of 20,000 or more. This construction must be given in order to give effect 
to the proviso; for by the census of 1870 no county of the state had a 
population exactly numbering 20,000. 

This proviso forbids such increase, where the fees of such officer, 
after deducting necessary and reasonable clerk or deputy hire, amount 
to $1,500 per annum. 

5. No deduction shall be made when the fees of the officer, after 
deducting necessary and reasonable clerk or deputy hire, do not exceed 
$1,200 per annum. 

6. Such change shall be made but once with reference to any such 
officer. 


section 1437. 

For services in connection with sale of school lands: 


Each sale made by him.$ 1 50 

Each certificate ... 50 

Each receipt, to be paid by purchaser. 06 

Recording, in counties having less than 35,000, each 100 words. .. 12 

And in counties having 35,000 or more, each 100 words. 10 


NOTE. 

The fees for recording are regulated by section 11-57; and the popu¬ 
lation is determined bv the federal census of 1890. 








COMMISSION ON FEES OF COUNTY OFFICIALS. 


11 


SECTION 1526a. 

Making and transmitting abstracts of returns of epileptics and epi¬ 
leptic insane, eight cents per hundred words. 


section 2620. 

The auditor shall receive two dollars per day for services in the re¬ 
vision and renumbering of plats of a municipal corporation. 


section 2625. 

For restoring lost or destroyed records, and keeping a full and com¬ 
plete record of the proceedings, the auditor shall receive such compen¬ 
sation as is allowed by law for similar services, to-wit: Six cents for 
each one hundred words. 


section 2775. 

As a member of any board for the appraisement of railroad property 
for taxation, a county auditor shall be- paid from the treasury of his 
county the sum of three dollars for each day’s attendance, and five cents 
a mile going to and returning from the place of the meeting. 


section 2785. 

Twenty-five cents to be paid out of the county treasury, for filing 
away the statements of taxable property, for each township, as returned 
by the township assessors. „ 


sections 2805-2805 0. 

As member of Annual City Board of Equilization, a county auditor 
shall receive a per diem of three or five dollars to be determined from the 
class and grade of the city. 

note. 

These sections refer to boards for cities of first and second class, 
so we have not tabulated their provisions. 







12 


REPORT OF THE 


SECTION 2813a. 

The county auditor, as a member of the decennial county board of 
equalization, and as a member of the annual county board of equalization, 
for each day necessarily employed, including services as a member of 
board of revision, shall receive three dollars per day. 

NOTES. 

1. In counties having a city of the first or second grade of first 
class, his compensation as member of the decennial county board shall be 
five dollars per day. 

2. As a member of the decennial city board, when sitting either 
as a board of equalization or a board of revision, he shall receive five 
dollars per day; excepting in cities of the first or second grade of first 
class. 


section 2814-5. 

This section provides that each member of the decennial county board 
of equalization and of the board of revision of Hamilton county shall 
receive five dollars for each day actually employed. 


section 2888. 

Ten cents for each transfer of forfeited or delinquent real estate sold. 


section 29076. 

Auditor shall be entitled to receive ten cents per year for each lot, 
out lot, or parcel of land, for readjusting the taxes and transferring to 
owner forfeited real property, same to be paid by the owner. 


section 2908. 

For executing and delivering deed to forfeited real property sold, 
one dollar and twenty-five cents, to be paid by purchaser. 






COMMISSION ON FEES OF COUNTY OFFICIALS. 


ia 


SECTION 3IO7-89. 

Herein is stipulated the per centum allowed county auditors for ser¬ 
vices in the matter of the sale of public lands. 


section 3502. 

For services under the preceding section the county auditor shall 
be entitled to one-half of the lowest rate of fee now allowed to him by 
law for like services. 


section 4064. 

Reasonable compensation to be allowed by the county commissioners 
and paid by the county, not to exceed five dollars for each city, village, 
special and township school district in his county only upon presentation 
of a certificate from the commissioner of common schools that he has 
transmitted the report and statistics required by law. 


section 4364-19. 

For services under Dow law assessments the county commissioners 
may allow their county auditor a reasonable compensation for the dis¬ 
charge of the duties imposed upon him by the act. 

NOTES. 

1. The determination of the commissioners as to the amount of such 
compensation is conclusive and final, in the absence of fraud, collusion 
or mistake. 

2. For above services the auditor cannot charge the four per cent, 
under the provisions of section 1071. This is a tax on business and not 
on property. 


section 4398. 

For granting and issuing a peddler’s license, fifty cents, to be paid 
by the applicant for same. 






14 


REPORT OF THE 


SECTION 4506 . 

For services actually rendered under the provisions of the chapte? 
on county ditches, the county auditor shall receive the following fees: 

Filing each paper....$0 03 

Recording each hundred words, excluding calcultions not necessarily included 

in the record (three figures to count as one word)... 06 

Each copy, including certificate when necessarily a part of the copy, and all 
notes, except printed notices each one hundred words (three figures to 

count as one word). 06 

Each warrant drawn on county treasury.. 03 

Each certificate . 03 

Each tabular statement furnished printer (three figures to count as one word) 

each one hundred words. 06 

Each copy of specification furnished, to be paid by party demanding it (three 

figures to count as one word) , each one hundred words. 06 


SECTION 4510-38. 

In proceedings to open, enlarge, widen, alter or deepen ditches, 
same fees as in section 4506. 


section 4757-9. 

The auditor is ex-officio member of the board of county commis¬ 
sioners. 

NOTE. 

The compensation provided by section 4757-7 refers solely to the 
“commissioners so appointed /” the pronoun “they” as used in said section 
referring to the commissioners so appointed, only. This being true, the 
auditor as an ex-officio member of the board is not entitled to compen¬ 
sation. 


SECTION 4849. 

For services under the law for two mile assessment pikes, the same 
compensation allowed for like services in other cases. 


section 4903. 

As clerk of the board of turnpike directors, subject to the agree¬ 
ment of the board, a county auditor shall receive compensation for the 
time actually employed, not to exceed two dollars and fifty cents per dav. 













15 


COMMISSION ON FEES OF COUNTY OFFICIALS. 


SECTION 6758. 

Under certain mandamus proceedings for the levying and collecting 
of taxes, a county auditor becomes an officer of the court and he shall 
receive such fees in executing the order of the court as ar£ allowed 
by the law for making tax duplicates, if not otherwise fixed by the court. 

The only sections which allow such fees are sections 1074 and 1075 
which allow eight cents for each description for making “special tax 
duplicates” under the free turnpike and improved road laws. Hence 
in cases under section 6758 the auditor should receive eight cents for each 
description' on the duplicate. 


16 


REPORT OF THE 


PROBATE JUDGE. 

SECTION 523 . • 

This section provides that the County shall pay for the furnish¬ 
ing of the Probate office and also such blank books, blanks, and station¬ 
ery as are required by the Judge in the discharge of his official duties. 


sbction 532 - 2 ^ 

Assorting papers, etc., required by section 533-1, for each case or 
cause so assorted, etc., to be paid by the county on the allowance of the 
commissioners, not exceeding twenty cents, and not exceeding one cent 
for each marriage certificate, birth and death reports, and such similar 
papers so assorted and arranged. 


section 546 . 

Counties, census of, 1890 . 25,000 oj 

1. Docketing each case to be charged but once.! 

2. Entering appearance of parties, in each case, to be charged 

but once .... 

3. Taking affidavit. 

4. Issuing summons or other writs under seal, each. 

5. Entering order to advertise. 

6. Filing any papers, except accounts current, and vouchers of 

executors, administrators and guardians, each. 

7. Entering return of any writ. 

8. Issuing subpoena for but one witness. 

And every additional witness. 

9. Swearing each witness. 

10. Entering attendance of each witness. 

11. Indexing each case..'.. 

12. Recording general verdict. 

13. Entering judgment on Journal. 

14. Entering order on Journal. 

15. Transcribing judgment or orders on docket, each 100 words. . 

16. Entering on record satisfaction of judgment or decree. 

17. Entering every special rule. 

18. Entering continuance or dismissal. 

19. Entering rule of reference. 

20. Copy of rule of reference under seal. 

21. Entering notice of appeal. . .. 

22. Making cost bill to be taxed but once. 

23. Complete record when required by the law or a party, each 

100 words . 

24. Copies of records with seal when required by party or law, 

each 100 words . 


more. 

Less than. 

0 03 

$0 04 

08 

08 

08 

10 

20 

20 

15 

20 

04 

04 

03 

04 

08 

10 

03 

04 

03 

03 

05 

05 

08 

08 

08 

08 

08 

08 

06 

08 

08 

08 

06 

08 

03 

04 

08 

08 

04 

08 

10 

20 

04 

08 

25 

25 

08 

08 

08 

08 




























COMMISSION ON FEES OF COUNTY OFFICIALS. 

25. Entering allowance of injunction, certiorari or habeas corpus. 
'26. Issuing execution . 

27. Docketing each execution issued. 

28. Issuing order of sale. 

29. And every hundred words said order contains over the first 100. 

30. Recording returns of execution and orders of sale each 100 

words ... 

31. Each certificate to which seal is required not herein pro¬ 

vided fOr .J... 

32. Probate of will and entry thereof. 

33. Issuing letters testimentary or of administration or guardian¬ 

ship under seal, each. 

34. Taking bond of executors, administrators, or guardians, 

each. 

35. Recording bond, will inventory, sale bill or settlement of exe¬ 

cutors, administrators or guardians, each 100 words. 

-36. Copies of wills, inventories, sale bills, settlements or rules of 
court ordered furnished by executors and guardians, each 

100 words ... 

37. Entering appointment of executors, administrators, guardians 

or appraisers, each..'. 

-38. Copy of order to appraisers, each. 

39. Filing an account, including warrant and vouchers, of an exe¬ 

cutor, administrator, or guardian for settlement and en¬ 
tering same on minutes of the court. 

40. Entering order of settlement of such account. 

41. Examining partial or final settlements of guardians, executors 

or administrators, when not more than 50 vouchers, each. 
For each voucher above 50 vouchers, each.. 

42. Issuing citation to executors, administrators, or guardians.... 

43. Issuing a marriage license, and administering an oath when 

necessary, and filing and recording a marriage certificate.. 

44. Giving notice of time of settlement. 

45. Hearing application on behalf of idiots and lunatics. 

46. Hearing application for right of way of railroads, plank roads, 

and turnpikes, or road appeals, per day. 

47. Hearing and deciding application in contested cases on petition 

of administrator, guardian, or executor to sell land, and 
petitions to convey, each. 

48. Holding examining courts, per day. 

49. Hearing and determining application on habeas corpus cases in 

criminal cases ... .. 

50. Hearing and determining application for habeas corpus in 

civil cases ... 

51. Hearing and determining application in contested cases. 

52. Registry of births, and deaths, for each birth and each death 

returned . 



IT 

06 

08 

10 

25 

06 

08 

25 . 

25 

08 

08 

08 

08 

35 

35 

25 

30 

75 

75 

25 

25 

08 

08 

08 

08 

08 

10 

08 

10 

15 

15 

10 

12 

65 

75 

02 

02 

20 

25 

75 

75 

08 

08 

1 50 

1 50 

1 00 

2 00 

75 

75 

1 50 

2 00 

1 00 

1 50 

50 

75 

1 00 

1 50 

08 

08 


NOTES. 

i. Item 23 of section 546 is as follows: “Making up complete 
record in cause, eight cents for each hundred words, but no complete 
.record shall be made in any case, except when the title of real estate is 


2 Com. on Fees 


























18 


REPORT OF THE 


drawn in question, the court may order the same, or either party may 
require it at his own expense/’ 

On this question the provision of 528 and 546 are in direct con¬ 
flict, according to the ordinary meaning of the language used. The rea¬ 
sonable construction should be given so as to treat the exception quoted 
from section 546 as surplusage. 

2. Item 11, "Indexing each cause eight cents,” has reference to 
the indexing of the cause in the docket where the cause or proceeding 
is in the first place docketed, such as administration docket, civil docket, 
etc. 

This item for indexing a cause does not exclude charges for other 
indexing provided for the clerk, authorized to be allowed also to the 
probate judge by section 547. Section 1260 provides for indexing each 
cause in trial docket, and for indexing each cause in appearance docket 
and for indexing judgments and executions. It will be seen that the 
word cause as used in section 1260 in reference to indexing does not 
exclude the indexing of other matters embraced within such cause . Our 
conclusion is that the word cause in 546 is' to be used in the same limited 
sense. 


SECTION 547. 

This section provides that the probate judge ‘Tor any other serv¬ 
ices not herein provided for, the same fees shall be allowed as for similar 
services in the Court of Common Pleas of the same County.” 

Such “similar services” not “herein provided for”, enumerated in sec¬ 
tion 1260, prescribing fees for the Clerk and which may be charged by 
the probate judge, when required and performed, are as follows: 


Counties, Census of 1890. 22,500 or more. Or less. 

1. Taking undertaking bond or recognizance, each.$ 0 20 $0 2 o 

2 . Taking jurisdiction of bail on notice. 25 35 - 

3. Endorsing or entering allowance.1. 03 04 

4. Impannelling and swearing jury in each cause. 10 12 

5 . Certificate to each tales juror for his fees. 04 04 

6 . Calling and entering each tales juror.. . 04 04 

7 . Certificate to each witness for fees. 04 04 

8 . Entering each cause on the bar and court calendar of each term 04 04 

9. Entering assignment of judgment or final order. 06 08 

10. Entering on journal any plea not in writing. 04 08 

11. Polling a jury, when required. 15 25 

12. Copies of process, pleadings, files, or any proceedings in a 

cause with seal annexed when required by a party or the 

law, each 100'words. 08 08 

13. Indexing judgments and final orders, each case. 15 15 

14. Direct and reverse index, each execution issued. 08 08 

15. Each certificate without seal not otherwise provided for. 10 15 

16. Search of files, records, or dockets (excepting for a party or 

an attorney) . 04 08 


















COMMISSION ON FEES OF COUNTY OFFICIALS. 19 

17. Taking and entering declaration of intention to become a citi¬ 

zen of the United States and certified copy of each entry 

under seal .<. 20 30 

18. Entering final admission to rights of citizenship and certified 

copy thereof under seal. 20 20 

19. Entering verdict, and rule other than special, each 100 words. 08 08 

20. Transcribing or posting verdict or rule on docket. 06 08 

21. Entering settlement of cause. 06 08 

22. Issuing any license ordered by the court, not otherwise pro¬ 

vided for . 20 40 


23. Receiving and disbursing money other than costs and fees on order of court 
or on judgments not collected by other proper officers on order of execu¬ 
tion, to be taxed against party charged with payment of such money, 
1% on first $1,000, \% on all exceeding $1,000, this percentage being 

the same in Doth classes of counties. . 

% 

NOTES. 

1. In the expression “similar services/' as used in section 547 the 
word similar does not mean exactly alike, but “denotes a resemblance 
less than exact likeness, that is a general likeness in the principal points.” 

2. Sections 546 and 547 should be read together. For indexing 
and recording not provided for by section 546, the probate judge may 
charge such fees therefor as are allowed to clerks. 

3. The fees for services of the clerk referred to in section 547, 
refers to the fees of th clerk of the same county as the probate judge. 


section 548. 

This section provides that the probate judge shall pay all costs in 
criminal cases adjudged in favor of the state, and collected by him, into 
the county treasury; and that he shall administer oaths, and make certi¬ 
ficates in pensions and bounty cases, without compensation. 


section 674-10 

In proceedings under the chapter on “Soldiers’ and Sailors' Home,” 
the fees of the probate judge referred to in this section shall be paid bv 
the state. 


section 719. 

Holding inquest of insanity.$ 2 00 

Each warrant, certificate or subpoena same as clerk of court, and postage 
in communications with the superintendent, all of above to be paid by the 
county. 











20 


REPORT OF THE 




SECTION 751 - 8 . 

Fees in proceedings relating to admission of epileptic patients to hos¬ 
pitals, shall be paid the same amount and in same manner as in lunacy 
cases. 



section 759. 

This section provides that cost of commitment to Boys’ Industrial 
Home shall be paid by the county. 


section 771. 

This section provides that the fees of probate judge in cases of com¬ 
mitment to Girls’ Industrial School shall be the same as in similar cases, 
-and shall be paid by the county. 



section 1299. 

This section provides for fees for writing advertisement; and the 
same rule applies to probate judge as to clerk. 


I 


SECTION 1340 . 


Making out lists of unclaimed money as provided by this section 5% 
of the amount so paid. 


section 2731-15. 

This section provides that the probate judge shall be allowed the 
same fees for services in connection with the collateral inheritance tax 
as for similar services; and that the same shall be paid by the county. 


section 3346. 

For services herein referred to, the same as for like services under 
proceedings relating to ditches. 









COMMISSION ON FEES OF COUNTY OFFICIALS. 


21 


SECTION 3821 - 92 . 

Making record of unclaimed deposits in banks, each 100 words. .. . $ 0 08 $ 0 08 


SECTION 4364 - 93 . 

For services under '‘Dow law” the same as for services in like cases. 


SECTION 4506. 

For services rendered under the provisions of Chapter I., titled VI., 
entitled “County Ditches”: 

Docketing each case for each party.$ 0 05 

Issuing venire with seal. 50 

Subpoena with only one name. 05 

Subpoena, each additional name. 03 

Each journal entry per 100 words. 06 

Certified copies with seal per 100 words. 06 

Swearing each witness. 05 

Certifying each witness. 03 

Entering attendance of each witness. 03 

Swearing jury. ... 15 

Taking affidavits . 15 

Filing each paper originally filed in probate court, including transcript . 03 

Issuing transcript of proceedings in probate court, including certificates and 

seal, per 100 words. 06 

Certifying fees to Auditor for each person named, including jurors. 03 

All other items, same fees as for like services in other cases. 


section 5488 . 

Proceedings in aid of execution, each case.$3 00 

and in addition thereto such fees as are allowed to clerks for similar services. 


SECTION 5853 . 

Services in proceedings to change name.,.$ 3 00 






















22 


REPORT OF THE 


• SECTION 5917 . 

Receiving and keeping will, and certificate of deposit therefor. 


. $ 1 00 


SECTION 6358. 

For insolvency proceedings the following fees 

Hearing and deciding each application.. 

Appointment of assignee or trustee. 

Removing any assignee or trustee;.. 

Filing dssignment, inventory, or schedule, each.. 

Filing all other papers, each . v .. • • • 

All other services same compensation as for like services in settle¬ 
ment of estates of deceased persons. 


C . . . • ' . V ; ' ihj 

SECTION 6390. 

The Judge shall be entitled to receive as his fee for administering oath and 
granting license, with the seal affixed thereto, recording the certificate 
of marriage, and filing necessary papers, the sum of...$0 75 


$2 00 
1 00 
1 00 
10 
05 


SECTION 6451. 

Each day occupied in trial of cause to appropriate property in addition to 

other fees provided by law.$5 00 


SECTION 6470. 

This section provides that the compensation of probate judges for 
services in criminal cases shall be allowed by the county commissioners 
and paid out of the county treasury; and that such judge shall not re¬ 
ceive any compensation by way of fees in any criminal business. 

NOTES. 

1. The allowance made to the probate judge as provided by section 
6470 must be made after the services are performed, based upon the 
value of such services. 

2. Section 4022-8 specifically provides that the county shall pay the 
costs in proceedings against juvenile disorderly persons. 














COMMISSION ON FEES OF COUNTY OFFICIALS. 


23 


CLERK OF THE COURT. 

SECTION II/. 


Recording and indexing each notary’s commission.$0 40 

Certified copy of same, each 100 words.k. 08 

Certificate thereto, population of county census 1890, 22,500 or more.... 25 

In counties having population of less than 22,50:). 35 


NOTE. 

Above fees to be paid by the notary. 


SECTION 1209. 

Entering on Journal the appointment of deputy sheriff, each 100 

words .'.$ 0 08 $ O' 08 

Filing thereof .. 03 04 


NOTE. 

Above fees to be paid bv sheriff. 


SECTION 1250. 

Making annual report to the Secretary of State as to crimes and 
other statistics required by the Secretary of State: 


For each case reported not exceeding 50 cases..$ 0 25 

For every additional case above 50. 10 


NOTE. 

Above fees to be paid by the county. 


section 1257. 

Alphabetic index of all plaintiffs and defendants to pending suits and living 

judgments, as required by sections 1255-1256, each case.$0 15 


NOTE. 

Section 1256 states “thereafter all new suits shall be as indexed.” 
This includes all cases at the present time and hereafter. This fee should 
he charged to the litigants. 















24 


REPORT OF THE 


1 . 

2. 

3. 

4. 

5. 

6 . 


7. 

8. 

9. 

10 . 

11 . 

12 . 

13. 

14. 

15. 

16. 

17. 

18. 

19. 

20 . 
21 . 

22 . 

23. 

24. 

25. 

26. 

27. 

28. 

29. 

30. 

31. 


32. 

33. 

34. 

35. 


SECTION 1260. 


Counties, Census of 1890. 


22,500 or more. Or less*. 


Docketing each cause in appearance docket. 

Indexing each cause in appearance docket, direct and reverse. . 
Entering voluntary appearance, plaintiffs and defendants, each. 
Filing precipe, pleading or other necessary document, each. .. 

Taking affidavit, each. 

Issuing each summons, notice, order of arrest, order of de¬ 
livery, order of attachment, order of injunction, man¬ 
damus, mandate, execution, habeas corpus, attachment 
for contempt, order of reference, writ of dower, writ of 
partition, order of sale, or any other order or writ (ex¬ 
cepting subpoena), 300 words or less. ... 

But when exceeding 300 words, for each 100 words. 

Taking undertaking, bond or recognizance, each... 

Taking justification of bail on notice. 

Endorsing or entering allowance of bail. 

Entering return of each writ or order (except in executions 

. and subpoenas) .*. 

Impaneling and swearing jury in each case. 

Certificate to each tales juror for his fee. 

Calling and entering each tales juror.. 

Issuing subpoena for one witness.:. 

And for each additional name on subpoena. 

Swearing each witness and entry of same. 

Entering attendance each witness. v . 

Certificate to each witness for fees. 

Certificate of qualification of witness for grand jury, each. ... 

Entering each cause on bar and court calendar each term. 

Indexing each cause for each term on docket. 

Entering an order, verdict, rule or judgment on the Journal, 

for each 100 words. 

Transcribing or posting an order, verdict, rule or judgment 

on appearance docket. 

Entering assignment of judgment or final order. 

Entering continuance, dismissal or settlement of a cause. 

Entering notice of appeal. 

Entering on Journal finding of an indictment. 

Entering on Journal any plea not in writing. 

Polling a jury when required. 

Drawing cost bill, to be taxed but once. 

Complete record in each cause, each 100 words. 

Copies of process, pleadings, records, files, or any proceed¬ 
ings in a cause with seal annexed when required by a party 

or the law, each 100 words. 

Indexing judgments and final orders, each case. 

Docketing execution issued, each. 

Direct and reverse index each execution issued. 

Entering and recording return of execution, 100 words or less. 
And when more than 100 words, each 100 words. 


$0 04 

$0 04 

04 

04 

04 

04 

03 

04 

06 

08- 


25 

25 

08 

08 

20 

25 

25 

35 

03 

04 

04 

04 

10 

12 

04 

04 

04 

04 

08 

08- 

04 

04 

04 

04 

04 

04 

04 

04 

04 

04 

04 

04 

04 

. 04 

08 

08 

06 

08 

06 

08 

06 

08 

06 

08. 

06 

08 

04 

08 

15 

25 

20 

25 

08 

08- 


08 

08 

15 

15 

04 

04 

08 

08 

08 

08 

08 

08; 




































COMMISSION ON FEES OF COUNTY OFFICIALS. 


25 


36. 

37. 

38. 

39. 


40. 


41. 


42. 

43. 


Each certificate with seal (excepting to a copy) required by 

party or the law. 25 35 

Each certificate without seal not otherwise provided for. 10 15 

Search of files, records, or dockets (excepting for a party or 

an attorney) . 04 08 

Taking and entering declaration of intention to become a citi¬ 
zen of the United States and certified copy of such entry 

under seal .. 20 20 

Entering final admission to rights of citizenship and certified 

copy thereof under seal... .v.. .. 20 20 

Receiving poll books of justice’s election, certifying elections 
therefrom, administering oath, entering same on record, 

to be paid by justice. 50 75 

Issuing any license ordered by the court. 20 40 

Receiving and disbursing money, other than costs and fees, on order of 

court or on judgments not collected by other proper officer on order or 

execution to be taxed against party charged with payment of such money, 

1%’on first ipjL,000, \% on all exceeding $1,000, this percentage being 
the same in both classes of counties. 


NOTES. 

1. Section 1260 fixes the fees which clerks may tax against litigants, 
and also certain other specified matters. 

2. The word cause is used in the sense of an action or lawsuit. 
Hence, separate charge cannot be made for indexing the name of each 
part to such cause. 

3. No. 4, “Filing each precipe, pleading, or other necessary docu¬ 
ment,” the word “document” includes all papers required to be filed by the 
law, or permitted to be filed by the parties. Each such paper does not 
mean separate sheets of paper, such sheet or sheets as go to make up one 
document, piece or article. 

4. In No. 36, “Each certificate with the seal of the court annexed 
(excepting when affixed to a copy) required by a party or the law,” the 
word “copy” refers to a copy of the original paper certified. 

5. No. 32, “Indexing judgments and final orders for each case,” 
includes all judgments and final orders for each case; and does not refer 
to each separate judgment and order that may be enterd in each case. 

6. Hamilton County has a separate fee bill, see Sec. 1260-a. 


* section 1261. 

NOTE. 

The clerk can collect only for services actually performed in criminal 
causes when the state fails to convict, or fails to collect costs, but not ex¬ 
ceeding $300.00 in any one year. 










REPORT OF THE 


2fi 


SECTION . 1262. 


Drawing and issuing venire for each grand jury.$0 75 

Certifying fees for each grand juror. 08 


All services rendered to grand jury same fees as for similar services 
in cause pending in court. 

NOTE. 

This includes filing precipe, issuing subpoena and filing return for 
grand jury witnesses, swearing, entering attendance of, certifying quali¬ 
fication of, certifying fees of, and issuing attachment for grand jury 
witnesses, and also entering orders relating to grand jury, and filing jail 
report of grand jury. It also includes making lists of persons bailed or 
•committed as provided by section 7189. 


section 1263 . 

Abstracts of election (except justices election) , each 100 words.$0 08 

Each certificate thereof with seal. 35 

Certifying tor fees for judgses and clerks of election, each. 08 

Certifying enumeration of white male citizens over the age of 21 years, to the 

Secretary of State.. . 75 

For filing each list of such enumerations... 08 

Apportioning jurors to the several townships, copying the names, and plac¬ 
ing the same in the jury box, for each year. 2 50 

- Making up and completing general indexes, direct and reverse, of all judg¬ 
ments, final orders and decrees for each cause. 08 


Making out lists of unclaimed costs and paying same to treasurer, 0 % on the 
amount paid. 

Reporting annually to the county commissioners the amount of fines assessed 

by the court. 75 

Reporting to the prosecuting attorney annually the amount of fines and costs, 

and collections thereon. 2 50 

Reporting annually to the Auditor of State as to colllection of costs in peni¬ 
tentiary cases. 75 

Each civil jury list certified to county treasurer. 40 


NOTE. 

As the statutes now stand the clerk does not make abstracts of 
election. 


SECTION T 264 . 

NOTE. 

This section provides that the county shall pay for all blank books, 
including the printed trial dockets, blanks, stationery, and all things 

















COMMISSION ON FEES OF COUNTY OFFICIALS. 


27 


necessary for the proper discharge of the clerk’s duty. The expression 
All things necessary to the proper discharge of his duty,” includes post¬ 
age stamps. This section also authorizes the county to pay for printed 
duplicates of trial docket and copy thereof for printer. Section 1299 
provides for fees for writing advertisements. The clerk is entitled to be 
paid by the county under above section 1264 for writing, and the expense 
of publishing, advertisements, required of him in the discharge of his 
duties, when performed for the public; such as publishing time for holding 
court, as provided by section 458. 


section 1299. 

Writing or setting up advertisements, each.$ 0 25 

If advertisement to be published in newspaper, to be taxed in bill of costs, 

additional ... 12 


SECTION 1760. 


Recording certificates of certain municipal officers provided by sec¬ 
tion 1759. 


NOTE. 


We cannot arrive at a conclusion as to what the above fee should be. 
This section provides fee for the officer certifying, and also the clerk for 
recording — two officers; and provides the fee for both officers to be 
the same as “For certifying and recording the election and qualifica¬ 
tion of justices of the peace.” Section 1260 provides for one fee for 
“Receiving poll books of justices election, certifying elections therefrom, 
administering oath and entering the same on record.” We cannot arrive 
at the legislative intent as to how much goes for certifying and how much 
for recording. 


SECTION 4140. 

Making entry in recorder’s record of any court proceedings regarding mort¬ 


gage or other lien..$ 0 25 

For copying decree in recorder’s record, each 100 words. 08 


SECTION 4225. 


Issuing auctioneer’s license, to be paid by auctioneer 


$1 00 











28 


REPORT OF THE 

* L„ 


SECTION 5336. 


Transcribing any book in his office on order of the court, to be paid by the 
county, each 100 words copied... 


$0 06 


SECTION 5489 . 

This section provides that the fees of the clerk in proceedings in aid 
of execution shall be the same as for like services in other cases, to be 
allowed by the judge. 


section 5533. 

Certificate under seal. . .$ 0 25 $ 0 35 

Taking answer of garnishee, fees regulated by 5283 as follows: 

Swearing each witness. .. ... $ 0 04 

Each subpoena, attachment or order of commitment.. 50 

Each 100 words in answer and certificate. 10 


! 

SECTION 6451 .' 

Drawing and certifying list of jurors to probate judge in case appropriating 

property .$ 1 50 


SECTION 7264 . 

In criminal cases where the venue is changed, the clerk shall be paid 
on allowance of the commissioners of the county in which the indictment 
was found. 













COMMISSION ON FEES OF COUNTY OFFICIALS. 


29 


SHERIFF. 

SECTION 5.4. 

Fees and mileage of sheriff for services rendered in behalf of a 
standing or select committee appointed by the general assembly — same 
as are allowed by law in the court of common pleas for similar services 
and attendance, the same to be paid out of the state treasury. 


section 553. 

Compensation of court constables the same as for regular jurors, 
except in certain counties as described in said above section. 


section 719. 

The following fees are allowed in inquests of insanity: 

To each person employed to commit lunatic to county infirmary, per day.$0 75 

To jailer for keeping an idiot or insane person, per day. 35 

To sheriff, or other person not an assistant, for taking insane person to state 
hospital, or removing one therefrom, on warrant of probate judge, 

mileage going and returning, per mile. 05 

And support of each patient to and from hospital, per day... 75 

For one assistant per mile each way, and nothing more. 05 


NOTES. 

1. Mileage is to be computed by nearest route traveled; that is the 
nearest route usually traveled. 

2. When it appears necessary to the sheriff by reason of the con¬ 
dition of the patient, the sheriff may provide a conveyance for said patient 
from nearest railroad station; except in counties where state hospitals are 
located, he may provide such conveyance from the county seat. 

3. >A 11 the above costs and expenses shall be paid by the county. 

4. The sheriff is not required to pay the traveling expenses of 
patients to and from the hospital. They shall be paid by the patient or 
those having the patient in charge; and if not so paid then the steward 
or other financial officer of the hospital shall pay, or reimburse the sheriff, 
if paid by him. 

5. The Ward case, 57 O. S. 144, was decided in 1897. Section 719 
was so amended April 21, 1898 (93 O. L., 198), as to render that deci¬ 
sion inapplicable to the statute as it now stands. 

6. Section 716 provides that when escaped patient from an insane 
asylum is returned at the notice and request of the superintendent of said 









30 


REPORT OF THE 


asylum, the sheriff shall be allowed and paid such fees as are allowed 
by section 719 for the commitment of insane persons to the asylums, to 
be paid by the steward on the certificate of the superintendent. 


section 759. 

The costs and transportation expenses of a youth to the Boys’ Indus¬ 
trial School, shall be paid by the county from which he is committed, 
upon the presentation of the officer’s sworn statement of account of the 
court in which he was convicted, as to the costs in the case. But where 
such youth has been convicted of a crime, the punishment of which is 
confinement in the penitentiary, the costs in the case, and the expense of 
his transportation shall, on like statement and certificate, be paid out of the 
state treasury. 


section 771. 

For services in cases and in commitment to Girl’s Industrial Home, 
the fees of the sheriff shall be the same as paid in similar cases, and 
shall be paid by the proper county in the same manner. 


section 781-8. 

This section is a part of the act providing for a Home for the Friend¬ 
less for Muskingum County. The provisions thereof as to compensation 
of the sheriff are similar to those of section 771. 


section 1213. 

For making entries in the foreign execution docket, the sheriff shall 
receive ten cents, in each case, to be taxed in the fee bill. 

NOTE. 

The words “each case” refer to the foreign execution received by the 
sheriff. It then follows that the sheriff is entitled to charge only ten cents 
for all entries made by him relating to each, foreign execution so received. 






COMMISSION ON FEES OF COUNTY OFFICIALS. 


31 


SECTION I2l6. 

l H or producing the book or books of his office for the search of any 
person, the sheriff is entitled to receive from such person the sum of 
twelve and one half cents; and if required, without further charge shall 
furnish such person a certified copy. 


SECTION I23O. 


1. Every writ or summons, and the return thereof (subpoenas only ex¬ 

cepted), when only one defendant is named therein.*. $0 30 

2. Each additional defendant.15 

3. Levying each writ of execution on real or personal estate, or a service of 

an order of arrest upon the body of each defendant named in the 
writ, and mileage as in other cases. 30 

4. Every bail bond. 35 

5. Committing to prison or discharging therefrom. 60 

6 . Attending a person before judge or court. 60 

7. Serving a writ of possession with the aid of the county. 1 50 

8 . Without the aid of the county. 80 

9. Copy of any writ or process necessary to complete a service, for each 

100 words . 08 

10. Serving and returning a subpoena, for each person named therein. 10 

11. Serving and returning a subpoena for each person named therein to ap¬ 

pear before the grand jury. 10 

To be paid by the county, upon the certificate of the clerk. 

12. Serving and returning venire for petit or grand jury, traveling fees in¬ 

cluded, to be paid by the county. 4 50 

13. Summoning a jury, to be allowed on each issue, including traveling fees. 40 

*14. Summoning a special jury, including traveling fees. 4 50 


15. Traveling fees upon all writs, precepts, and subpoenas, going and re¬ 

turning, provided that there were more than one person named in 
such writ, mileage shall be charged for the shortest distance nec¬ 
essary to be traveled, per mile. 08 

16. Poundage on all moneys actually made and paid to the sheriff on execu¬ 

tion, decree of sale of real estate (except on writs for the sale of real 
estate in partition) , one and a half per centum on the first thousand 
dollars, and one per centum on all sums over one thousand dollars; 
but when such real estate is bid off and purchased by a party entitled 
to a part of the proceeds,-the sheriff shall not be entitled to any 
poundage except on the amount over and above the claims of such 
party. 

17. Service of copy of pleading and return, the same fees as are allowed for 

the service of a summons, including mileage, as herein provided. 

18. Making a deed of land sold on execution, decree, or order of court, to 


be paid by the purchaser. 2 00 

19. Serving any person with an order of court, and making return thereof. . 30 

Mileage as on service of summons. 

20. Calling a jury. 10 



















REPORT OF THE 


21. Opening a court and calling each action, to be charged but once each term 


of the court in which the cause is pending. 12 

22. Calling each witness. 05 

23. Bringing up a person on habeas corpus. 80 

24. Summoning a jury in forcible entry or detainer, or in forcible entry only. 1 75 

25. Serving a writ of restitution, and mileage thereon as in other cases. 80 

26. Calling an inquest to appraise lands and tenements under execution. 1 20 

27. All advertisements in a newspaper, in addition to the price of printing. .. 30 

28. All written advertisement for the sale of property, either real or personal. 30 

29. Executing a writ of partition. 1 20 

And traveling fees as in other cases. 


30. Selling real estate under an order of court in partition, three-fourths of one 
per centum where the amount of sales does not exceed two thousand dol¬ 
lars, and one-fourth of one per centum on the amount over and above 

that sum. 

■ 

NOTES. 

1. Poundage is due to the sheriff only when he has actually made 
and received the money. 

2. The sheriff is entitled to compensation by the county for serv¬ 
ing subpoenas for grand jury witnesses. 

3. This section does not authorize the county to pay for service 
and return of a special venire for jurors to fill up the panel. 

4. Notes 4 and 5 under section 1230& herein are applicable to section 
1230. 

5. The expression "aid of the county” used in items 7 and 8 re¬ 
fers to the aid which the sheriff may call for in the execution of his 
duties from "such person or persons, or power of a county, as may be 
necessary,” as provided by section 1211. 

6. Section 1230-1 provides for fees of sheriff of Cuyahoga county 
in land sales; and section 1230a provides for the fees of sheriff of Hamil¬ 
ton county. 

7. When the sheriff accompanies an epileptic patient to the hospital 
as provided by section 751-8, he is entitled only to his traveling and 
incidental expenses, which if not paid by the patient or those whose 
legal duty it is to support him, shall be paid by the county. 


section 1230 b. 

In all counties which at the last preceding federal census had a popu¬ 
lation of twenty-two thousand five hundred or more, and for which 
there is no provision made by law for the payment of the sheriff, he shall 
receive the following fees and compensation: 

1. For service on every writ of summons ancl the return thereof (sub¬ 

poenas only excepted), when only one defendant is named therein... $ 0 25 

2. Additional defendant. 15 










COMMISSION ON FEES OF COUNTY OFFICIALS. 33 

3 . Levying each writ of execution on real or personal estate, or the service 

of an order of arrest upon the body of each defendant named in the 
writ, and mileage as in other cases. 25 

4. Every bail bond.'. 30 

5. Committing to prison or discharging therefrom.. 50 

0 . Attending before judge or court, to be paid by the county, unless upon 

a conviction, in which case it i hall be taxed in the cost bill and paid 
by the state... * . 50 

7. Serving a writ of possession with the aid of the county. 1 25 

8 . Without the aid of the county. 60 

9. The copy of any writ of process necessary to complete service, for each 

100 words. 06 

10. Serving and returning a subpoena for each person named therein. 10 

11. Serving and returning a subpoena for each person named therein to ap¬ 

pear before the grand jury, to be paid by the county upon the cer¬ 
tificate of the clerk. 10 

12. Serving and returning regular venire for petit or grand jury, or serving 

a special venire for petit jury to fill the panel, to be., paid by the 
county, and traveling fees going and returning..... 4 00 

13. For escorting a jury from court to place of view on each issue. 40 

14. Summoning a special jury, including traveling fees. 4 00 


15. Traveling fees upon all writs, precepts and subpoenas, going and re¬ 

turning, provided that where more than one person be named in 
such writ, mileage shall be charged for the shortest distance neces¬ 
sary to be traveled, per mile. 08 

16. Poundage on the amount of sales (except in writs for the sale of real 

estates in partition) made by the sheriff on executions, decree, or 
sale of real estate, one per centum thereof. 

17. Service of one copy of pleading and return, the .same fees as are allowed 

for the service of summons, including mileage, as herein provided. 

18. Making a deed of land sold on execution, decree or order of court, to 


be paid by the purchaser. 1 75 

19. Serving any person with an order of court, and making a return thereto, 

and mileage as on service of summons. 25 

20. Calling a jury. 10 

21. Opening court and calling each action, to be charged but once each 

term of court in which the cause is pending. 10 

22. Calling each witness... 05 

23. Bringing up a person on habeas corpus. 60 

24. Summoning a jury in forcible entry or detainer or in forcible entry 

only .. 1 50 

25. Serving writ of restitution, and mileage thereon as in other cases. 60 

26. Calling an inquest to appraise lands and tenements under execution. 1 00 

27. All advertisements in the newspapers, in addition to the price of printing _ 25 

28. All written advertisements for the sale of property, either real or per¬ 

sonal . 25 

29. Executing a writ of partition, and traveling fees as in other cases. 1 00 


30. Selling real estate under an order of court in partition, three-fourths of one 
per centum, where the amount of sale does not exceed two thousand dol¬ 
lars, and one-fourth of one per centum on the amount over and above 
that sum. 


3 Com on Fees 


























34 


REPORT OF THE 


NOTES. 

1. Section 1230b was originally passed,April 13, 1892, (89 O.L., 
270), as a supplement to Section 1230. Section 2 of that act repealed 
Section 1230a, enacted May 4, 1891, (88 O. L., 578). Said Section 1230a 
was enacted as a supplement to said Section 1230. 

Said Section 1230b being supplemental to Section 1230, the two sec¬ 
tions are to be considered together as one act. 

The items of service referred to in Section 1230 and 1230b are es¬ 
sentially the same. 

It is manifest that the provisions of Section 1230 apply only to those 
counties which have a population of less than 22,500 by the federal cen¬ 
sus of 1890, and that the provisions of Section 1230b apply to those 
counties which by said census had a population of 22,500 or more. 

The expression used in the first part of Section 1230b, 'Tor which 
there is no provision made by law for payment of the sheriff” refers to 
special statutes, such as 1230a, enacted March 18, 1897, now in force, 
and applying alone to Hamilton county. 

2. The sheriff should receive pay out of the county treasury for 
mileage and copies of subpoenas earned in serving witnesses before the 
grand jury. 

3. For serving and returning regular venire for petit or grand 
jury, for serving special venire to fill the panel of petit jury, serving 
venire for jury in capital case, and for serving special venire for ad¬ 
ditional jurors as provided in Sections 7267 and 7268, the sheriff, in 
each instance is entitled to charge four dollars and traveling fees. The 
“traveling fees” being mileage at the rate of eight cents per mile, go¬ 
ing and returning; the mileage to be determined by the shortest distance 
necessary to be traveled in order to serve all the persons named in the 
writ in one trip. 

4. Item six which provides for “attending before judge or court ,r 
refers not to a case in which a prisoner is defendant, but to each separate 
attendance with the same prisoner on different days. Hence he would 
be entitled to charge fifty cents for each attendance. 


section 1231. 

The court of common pleas shall make an allowance of not more 
than three hundred dollars, per annum, for the sheriff, for services in 
criminal cases, where the state fails to convict, or the defendants prove 
insolvent, and for other services not particularly provided for, to be paid 
out of the county treasury. 



COMMISSION ON FEES OF COUNTY OFFICIALS. 


35 


NOTE. 

The Stanley case, 49, O. S., 373, was decided in 1892, Feb. 7th, 
1898, (93 O. L.), Section 7264 was amended by inserting the following 
words, “and also, including the fees of the clerk of the court and the 
sheriff, and the jury fees of the jury sitting in the trial of the case in 
the court of the county to which the venue is changed,” which words 
are immediately followed by “shall be allowed and paid by the com¬ 
missioners of the county in which such indictment was found.” 

It appears, therefore, that this amendment renders inapplicable the 
above decision as the statutes now stand. 


SECTION 1234. 

For performing the duties required by law, in the court of probate, 
the sheriff shall receive the same fees allowed by law for similar services 
in the court of common pleas, to be taxed against the proper parties, by 
the probate judge. 


section 1235. 

The sheriff shall be allowed by the county commissioners not less * 
than forty-five nor more than seventy-five cents per day, for keeping and 
feeding prisoners in jail. In counties in which there is no infirmary, 
the county commissioners may if they think the same just and necessary, 
allow the sheriff any sum not exceeding seventy-five cents per day, for 
keeping any idiot or lunatic; the sheriff shall furnish at the expense of 
the county, to all prisoners confined in jail for debt only, fuel, bed, 
clothing, washing and nursing when required, and such other neces¬ 
saries as the court in its rules shall designate. 


section 1236. 

For services in executing foreign capias ad satisfaciendum, upon 
return of the writ, that the body or bodies are committed to the jail of the 
proper county, or discharged from custody by order of the party, the 
sheriff shall receive eight cents per mile going to and six cents per 
mile returning from said jail, from the place of service «to the place of 
return, by the most usual route, also one dollar and twenty-five cents 
for every twenty-five miles for transporting and subsisting each de¬ 
fendant. 





36 


REPORT OF THE 


SECTION I237. 

For services relating to dower, for summoning and swearing the 
commissioners, traveling fees, to be computed from the place of return 
of his proceedings to the place where the land lies in which said dower 
is to be assigned, the sheriff shall be allowed ten cents per mile. 


section 1238. 

In all cases where any sheriff, having levied an execution, and whose 
term of office has expired, has returned such execution as unsatisfied, or 
has delivered the same to his successor before the money could be made 
thereon, the court shall order the fees and poundage to be distributed 
between such sheriff and his successor, in such manner and proportions 
as the court deems just. 


section 1316. 

For extraordinary services and expenses necessarily incurred on ex¬ 
ecution, attachment, or in replevin, the court may make extra allow¬ 
ance in a sum not to exceed one dollar per diem for the services of each 
person employed in the removal or taking care of the property; such al¬ 
lowance to be taxed in the costs. 


section 1317. 

For taking charge of a defendant or defendants when required by 
an examining court, shall be allowed the sum of seventy-five cents for 
rendering the service so required of them; but such officers shall not 
be entitled to receive witness fees when acting as the officer of such 
examining court. 


section 2966. 

A sheriff shall receive -for advertising an election, fifty cents for 
each township, (not each voting precinct) in his county, to be paid by 
the county. 






COMMISSION ON FEES OF COUNTY OFFICIALS. 37 


SECTION 421 1 - 13 . 

For services rendered the State Board of Live Stock Commissioners, 
said Board shall fix the compensation of a sherifif, which shall be paid by 
the state upon the order of the governor. 


SECTION 4364 - 9 *?. 

For services under “Dow Law", the same fees as for like services. 


section 4506 . 

Lender the statutes relating to county ditches the sheriff shall be al¬ 
lowed the following fees : 

1. For serving and returning each summons when but one defendant is 


named therein .$ 0 35 

2. For each additional name. 20 

3. For copy of summons duly certified. 45 

4. For serving and returning subpoena, for each person named therein. 15 

5. For serving and returning venire for jury, traveling fees included, to be 

paid by the county. 4 00 

6 . For calling each talesman to fill the panel. 15 

7. For each day’s attendance with the jury on the line of the ditch. 3 00 


8 . For all other services required, the same fees as are allowed by law for like 
services in other cases. 


SECTION 5125 . 

For serving notices of motions before a court, a sherifif shall be en¬ 
titled to same fees as when required to serve a summons. 


SECTION 5353- 

When a summons is issued to another county, it may be returned 
by mail, and the sheriff be entitled to the same fee as if issued in the 
county of which he is sherifif. 














38 


REPORT OF THE 


SECTION 5400. 

For attending and making sales for a master commissioner, the 
sheriff shall receive a reasonable compensation to be paid by such com¬ 
missioner out of his fees. 

section 5489. 

For services rendered under the statutes authorizing the examina¬ 
tion of a debtor, either before or after return of execution, the judge 
shall allow the sheriff such compensation as is allowed for like services 
in other cases; to be taxed as costs in the case. 


SECTION 5519. 

When a judgment debtor is imprisoned, the person causing him 
to be committed shall be liable for the jail fees, and shall if required, pay 
such fees weekly in advance, but fees so paid shall be a part of the 
costs of the case. 

note. 

This section has no application to a case of imprisonment of a de¬ 
fendant, by order of the court, after conviction under the bastardy act. 


section 6405. 

A sheriff’s fees for services rendered in the probate court or by order 
of the probate judge, shall be the same as is provided by law, for like 
services in the court of common pleas. 


section 6451. 

For services under the chapter for appropriation of property the 
sheriff shall be entitled to such fees as are allowed by law for similar 
services in other cases, but he shall not be allowed anything in the way of 
poundage, except on money made on execution. 


section 6714. 

For services of summons in error, the sheriff shall be entitled to such 
fees as he is allowed by law for like services in other cases. 






COMMISSION ON FEES OF COUNTY OFFICIALS. 


39 


SECTION 680 1 a. 

A sheriff transporting prisoners to a workhouse outside ®f his county 
shall be entitled to receive six cents per mile for himself; going and re¬ 
turning, and five cents per mile for transporting each convict, and five 
cents per mile for going and coining for the services of each guard, to 
he allowed as in penitentiary cases, the number of miles to be computed 
by usual routes of travel, to be paid in state cases out of the general fund 
of the county on the allowance of the county commissioners, and in 
cases for the violation of the ordinances of any municipality, by such 
municipality on the order of the council thereof. 


section 7335. 

In transporting convicts to the penitentiary, the sheriff may employ 
one guard for every two convicts transported; but the court may author¬ 
ize a larger number, and the sheriff shall receive mileage at the rate of 
eight cents per mile, and five cents per mile for transporting each convict, 
and six cents per mile for the service of each guard, the number of miles 
to be computed by the usual route of travel. 


section 7382. 

When tlie sheriff removes a prisoner to jail in another county he 
and his assistants shall receive such compensation for their services as 
the auditor of the county from which such prisoner was removed may 
deem reasonable, to be paid by the county. 


section 7383. 

The sheriff of a county to which a prisoner shall have been removed 
from another county, shall receive him into his custody, and shall receive 
such fees as are allowed by law in other cases, to be paid from the treas¬ 
ury of the county from which the prisoner shall have been removed. 





40 


REPORT OF THE 


TREASURER. . 

SECTION IO94. 

When one-half of the taxes charged against real property is not 
paid on or before December 20th, after the same has been so charged, 
the treasurer may collect the same, together with a penalty of five per 
cent., which latter amount shall J>e for his personal services. 

When the remainder, as aforesaid, is not paid on or before June 20th, 
following, for similar services in the collection thereof, he may also charge 
the sum of five per cent additional on said June half. When one-half of 
the taxes on personal property is not paid on or before December 20th 
next after the same is charged,-the whole amount thereof becomes due, 
and is subject to collection in the manner and with the five per cent, ad¬ 
ditional, as provided for overdue taxes on real property. 

NOTES. 

1. The percentage above provided for should not be allowed if 
the taxes are voluntarily paid. The treasurer must collect by distress, or 
action or rule of court, or special effort. 

2. Should the treasurer fail to collect taxes by distress, but should 
succeed through his'efforts in some other way, in collecting them, for 
example, the means provided by sections 1104, 1097 and 2859, he is en¬ 
titled to his five per cent compensation. The words “or otherwise” used 
in section 1094 embrace all such efforts. 


section 1096. 

This section allows the treasurer for making distress for payment 
of taxes the same fees allowed constables for making levy and sale of 
property or execution as provided by section 622, as follows: 

1. For making distraint..$0 40 

2. On money realized on sale. 04% 

3. For mileage, for the first mile. 20 

4. For each additional mile from the seat of justice to the place of making 

distress, per mile... 05 


NOTE. 

Expenses reasonably incurred by the treasurer in making such collec¬ 
tion, such as attorney fees, should be paid by the county upon the allow¬ 
ance of. the commissioners as authorized by section 1343. 







COMMISSION ON FEES OF COUNTY OFFICIALS. 


41 


SECTION 1117. 

Fees for collection on Grand Duplicate: 

1. On the first $10,000. 

2. On the next $10,000.. 

3. On the next $10,000.. 

4. On the next $10,000.. 

5. On the next $200,000. 

6 . On all other or further sums 

Fees for collection on any special duplicate: 

Five-tenths of one per cent. 

Fees for collections other than on the duplicate: 

Licenses, fines, forfeitures, or on bonds of recognizance: 

1. On the first $1,000 

2 . On all over $1,000 

On all other moneys collected: 

1. On the first $10,000. 8/10 of one per cent. 

2. On all over $10,000. 4/10 of one per cent. 


6 per cent. 
3 per cent. 


2 | per cent. 

1 | per cent. 

1 per cent. 

. 7/10 of one per cent. 
. 4/10 of one per cent. 
. 2/10 of one per cent. 


SECTION 2856. 

For collection of taxes and penalty on the duplicate of delinquent 
personal taxes furnished him by the county auditor, the treasurer shall 
be allowed five per cent on the amount collected for his services. 

NOTES. 

1. This percentage shall be allowed him on his next semi-annual 
settlement. 

2. This section authorizes the treasurer to make such collection “by 
any of the means provided by law.” If collected by distraint, he should 
be allowed the fees in addition which are provided for by section 1096. 

3. This section refers to the “means” to be used, and the “services” 
of the treasurer. If such delinquent personal taxes are paid voluntarily 
without the treasurer resorting to any such means, or performing any such 
services, he would not be entitled to such five per cent, compensation on 
the money so paid. 













42 


REPORT OF THE 


SECTION 2894. 

This section authorizes the payment to the treasurer of eight-tenths 
of one per cent, of the amount deposited, in accordance with the provisions 
of section 1117. 


section 2913. 

On all moneys by him received from sale of forfeited land, the 
treasurer shall be entitled to two per cent. 


section 3502. 

Query: What fees are referred to by the expression “fees now al¬ 
lowed to them by law for like services?” 


section 4364-12. 

For collection of dow tax in case of non-payment as provided by law, 
the treasurer shall collect the same with ^11 penalties thereon together 
with four per cent, thereon. Said four per cent when collected, shall be 
retained by the treasurer as full compensation for his fees and costs in 
making such collection. The wording of the statute is such that he is 
barred from collecting the fees, when collected by distress, which are pro¬ 
vided for by section 1096. 





COMMISSION ON FEES OF COUNTY OFFICIALS. 


43 


RECORDER. 

SECTION 284. 

For each copy of certificate from Superintendent of Insurance filed 
in his office, the recorder shall receive ten cents. 


Section 907. 

This section provides for restoring records affecting real estate. 
For his services therein the recorder shall receive the following: 

Recording map or plat, not exceeding six lines.$ 0 50 

each additional line. 02 

any recording and indexing, other than said maps and plats, each 100 

words, not more than. 05 


NOTE. 

The above shall be paid by the county upon the allowance of the 
county commissioners. 


section 1154. 

This section provides for making general indexes to the records of 
real estate, when ordered by the county commissioners. The recorder, 
for his services in making such indexes, shall receive from the county, 
five cents for each tract described therein, “in addition to his other fees/’ 

NOTES. 

1. The expresson “in addition to his other fees,” refers to section 
1158. 

2. 76, O. L. 49, required the party asking the service to pay the 
five cents; it being for a duty in keeping up such index. As the statutes 
now stand, the county shall pay it;.the keeping up of such index being 
provided for by section 1155. 


section 1155. 

“When general indexes, such as are described in the next preceding 
section, or any other indexes authorized by the county commissioners, are 
brought up and completed, the recorder shall keep up the same; and He 
shall receive for indexing any lot or parcel of land, ten cents, to be paid 
out of the county treasury.” 








44 


REPORT OF THE 


NOTES. 

j. But one charge can be made for such indexing, that is, ten 
cents for indexing each “lot or parcel of land,” regardless of the number 
of grantors or grantees, or of the indexing being both direct and reverse. 

2. The compensation for such indexing shall be allowed by the 
county commissioners. 


section 1157. 

In counties in which the federal census of 1890, the population was 
35,000 or more or less 

Recording mortgage, deed, power of attorney, and other instru¬ 
ment of writing, each 100 words actually written in the 

records .$ 0 

Indexing same.. 

Certifying copy from record, each 100 words.. 

Recording assignment of mortgage (or permitting mortgagee to do 

so, section 4136)... 

Recording discharge of a soldier... 

Each search of record, without copy. 

Recording any plat not exceeding 6 lines. 1 

Each additional line.. 

NOTES. 

1. The above fees shall be paid by the parties requiring service. 

2. The indexing refers to indexing the record of .the instrument; and 
but one charge therefor can be made. 


10 

$0 12 

10 

10 ' 

10 

12 

25 

25 

25 

25 

10 

15 

00 

1 00 

05 

05 


section 1158. 

“The recorder for services directed to be performed by the corm 
missioners in transcribing the records of other counties and transcribing 
defaced or injured records, shall receive such compensation as the com¬ 
missioners determine, not exceeding six cents for every hundred words; 
and for making the general indexes provided for herein, such sum as is 
fixed by the commissioners; and they shall allow the recorder his neces¬ 
sary expenses in transcribing records in other counties.” 


section 1569. 

For services required under division 2 of Title 12, Revised Statutes,, 
the Recorder shall be entitled to the same fees as for similar services in: 
other cases. He may require such fees to be paid in advance. 













COMMISSION ON FEES OF COUNTY OFFICIALS. 


45 


SECTION 2620. 

For services in relation to revision of plats, the recorder shall receive 
$2.00 per day. 


section 2625. 

For recording plat and certificate of restored plats, the recorder 
shall receive the fees provided by section 1157. 


section 3195. 

For filing statement under Mechanics Lien Law; making copy 
thereof; and certificate of date of filing, same fees as.provided by section 
4157 in regard to chattel mortgages. 


section 4137. 

Recording patent and certified copy thereof, and exemplifications of 
government records, same fees as for recording deeds, as provided by 
section 1157. 


section 4157. 

For services in regard to defect of deeds, etc., under section 4149, 
and chattel mortgage, and instruments for conditional sale of personal 
property. 

For filing each instrument or copy.$ 0 06 

For searching each paper. 06 

For making entry for each party.v. 06 

For recording (when desired), per 100 words.. 10 

For recording any affidavit, credit, or statement, added to the instrument be¬ 
tween the time of recording and refiling. 25 

For certified copies of such instruments or copies, in counties containing less than 
35,000 inhabitants at the federal census of 1890, twelve cents per hundred word. 
In counties containing more than.35,000, ten cents per 100 words. 











46 


REPORT OF THE 


COMMISSIONERS. 

SECTION 897. 

For each day he is employed in his official duties, three dollars; for 
each regular or called session, not exceeding one session each month or 
twelve in any one year, five cents per mile for his necessary travel; when 
traveling within the county on official business, five cents per mile; when 
necessarily engaged in attending to the business of the county pertaining 
to his office under direction of the board, and when necessary to travel 
on official business out of his county, he shall be allowed in addition to 
his compensation and mileage above provided for any reasonable and 
necessary expense actually paid in the discharge of his official duty. 
All bills for services before allowed by the full board shall be certified by 
the Prosecuting Attorney and approved by the Probate Judge of the 
county. 

NOTES. 

1. When traveling within his county on official business, he shall be 
allowed a mileage of five cents per mile, in addition to the three dollars 
per diem. 

2. Traveling to and from sessions of the board is not to be construed 
as “traveling within the county on official business,” the mileage there¬ 
for being expressly limited to twelve sessions. 

3. The allowance of “reasonable and necessary expense actually 
paid” in addition to his compensation and mileage had reference solely 
to such expenses incurred “on official business out of his county.” 

4. A large number of counties are specially excepted from the 
general provisions of said section 897. 


section 948. 

Commissioners who meet by appointment to consider the propriety 
and expediency of organizing a district and the establishment of a chil¬ 
dren’s home, shall be paid their necessary expenses. 


section 2813a. 

County commissioners, by the provisions of section 2804, are mem¬ 
bers of the annual county board of equalization. 

Section 2813a provides that each member of the annual county board 
of equalization shall be entitled to receive for each day necessarily em¬ 
ployed in the performance of his duties, the sum of three dollars. 




COMMISSION ON FEES OF COUNTY OFFICIALS. 


47 


The same compensation is allowed them as members of the decennial 
county board, excepting that in counties having a city of the first or 
second grade of the first class the compensation shall be five dollars per 
day. 


SECTION 2814-5. 

This section refers to the compensation of members of the board 
of revision of Hamilton county, which is fixed at five dollars per day. 


section 3346. 

For services in matter of railroad drainage, three dollars per day as 
provided by section 4506. 


section 4506. 

For services under the chapter relating to county ditches, three 
dollars per day. 


section 4903. 

In counties where the county commissioners are constituted a board 
of turnpike directors, the compensation for services as such directors 
shall be the same in all respects as county commissioners. 






48 


REPORT OF THE 


PROSECUTING ATTORNEY. 

SECTION 265. 

The prosecuting attorney shall be allowed ten per cent, for his ser¬ 
vices, of all mo'neys collected by him arising from suits in the name of the 
state, or prosecutions against railroad companies, or against any of their 
officers, or employes, for violation of any of the provisions of law relating 
to railroad. 


section 1050. 

For collecting forfeitures from county auditors for failure to make 
returns to auditor of state required by section 1049, ^ ie prosecuting 
attorney may retain ten per cent, of the amount so collected, as his fees 
for such services. 


section 1274. 

The prosecuting attorney shall be the legal adviser of the county 
commissioner and other county officers, and any of them may require of 
him written opinions or instructions in any matters connected with their 
official duties; and for these services the county commissioners shall, 
annually, at their December session, make him such allowance as they 
think proper; but this section shall not apply to any county having a 
county solicitor. 

NOTES. 

1. The county commissioners have no power to employ an attorney 
to prosecute criminals before magistrates. 

2. The county commissioners should make the allowance for the 
preceding year at their December session, and not before; such allow¬ 
ance to .be based upon the value of the services rendered. Should such 
allowance be made quarterly, or at other periods throughout such year, 
such irregularity as to the time of making such allowance can be cured by 
the county commissioners, at their December session, making an allow¬ 
ance for a whole year, and order the payments prematurely made to be 
credited upon the whole sum so allowed at such December session. The 
prosecuting attorney is not required to file with the commissioners an 
account of his services. 




COMMISSION ON FEES OF COUNTY OFFICIALS. 


49 


SECTION 1278a. 

The court shall allow the prosecuting attorney reasonable compen¬ 
sation for his services and proper expenses incurred, in cases in which the 
state is successful, brought by such prosecuting attorney under the pro¬ 
vision of section 1277. 


section 1297. 

The prosecuting attorney shall receive an annual salary not exceed¬ 
ing the sum named, to be fixed by the commissioners of the county, to-wit: 
In Hamilton and Cuyahoga counties thirty-five hundred dollars. In 
the counties of Lucas and Franklin two thousand dollars. In Montgomery 
county fifteen hundred dollars. In each county containing less than 
twenty thousand inhabitants by the last federal census, four hundred dol¬ 
lars; and in each other county two dollars for e^ch one hundred inhabi¬ 
tants such county contained at the next preceding federal census, to be 
paid at such times and in such installments as the county commissioners 
may direct. 

NOTES. 

1. The annual salary based upon the preceding federal census 
should be determined by such census in force at the time such annual 
salary commences, to-wit: the first Monday of January,— the day he 
assumes the duties of his office. Such annual salary cannot be increased 
or diminished during the year, by any such census completed within such 
year. 

2. It is not made the duty of the prosecuting attorney to act for 
the county officers in litigation except in certain specified cases, and in 
each case provision is expressly made as to whether he shall receive 
extra compensation for such services. In all other cases, when such 
officers are authorized to employ counsel, they are left free to employ 
such counsel as they'see fit, and if they employ the prosecuting attorney 
they do not employ him in his official capacity, hence must pay him as 
they would any other counsel. 


section 1298. 

In addition to his salary, the prosecuting attorney is entitled to ten 
per cent on all moneys collected on fines, forfeited recognizances, and costs 
in criminal causes, provided that such commission shall not in any one 
case exceed one hundred dollars. 


f 4 Com on Fees 





50 


REPORT OF THE 


SECTION I357. 

In counties having a fee fund arising from fees, costs, etc., the 
prosecuting attorney, as commissioner of costs and fees, and for serv¬ 
ices performed under this section, shall receive the sum of five hundred 
dollars annually payable out of such fee fund, after payment of all offi¬ 
cial salaries and expenses to be paid out of such fund have first been 
paid. In no case shall the county be liable for such compensation to the 
prosecuting attorney, except when there is such balance in such fee fund. 


section 1524. 

The prosecuting attorney may retain a fee of ten per cent of all 
money to be recovered by him from assessors on forfeitures for failing 
to make out and return certain statistics, as herein required. 


section 3354. 

The prosecuting attorney is entitled to receive twenty-five per cent of 
all fines and costs collected in prosecution instituted by him to recover 
penalties from railroad companies, as provided by this section. 


section 4200-60. 

For prosecutions for recovery of penalty for violation of the act 
forbidding the adulteraton of wines, the prosecuting attorney shall re¬ 
ceive from the money so collected a reasonable attorney fee for prosecut¬ 
ing such suit, to be fixed and allowed by the court trying such cause. 


', T • -Jr- ■ ■ - ! 

SECTION 4238-5. 

For each conviction of violation of the act of which this section is 
a part, to prevent the erection of dangerous buildings, the prosecuting 
attorney shall be entitled to a fee of twenty-five dollars, and such other 
sum as may be allowed by the county commissioners. 








COMMISSION ON FEES OF COUNTY OFFICIALS. 


51 


SECTION 6920 b. 

The prosecuting attorney shall be the legal adviser of the inspector 
of nuisances, provided by section 6920a, and his attorney in all prose¬ 
cutions, and in lieu of any percentage on fines and costs, he shall be 
allowed a compensation for such services by the county commissioners 
to be paid by the county. 


section 7264. 

When the venue of a criminal case has been changed, the reasonable 
expense of the prosecuting attorney incurred by reason thereof, shall 
be allowed and paid by the commissioners of the county in which such 
indictment was found. 



52 


RErORT OF THE 


SURVEYOR. 

SECTION 807. 

This section provides that in surveying boundaries of counties, each 
county surveyor shall receive for his services such compensation as is 
allowed by the commissioners of his county. 


section 1177. 

Expense incurred under Section 1176 in procuring field notes, etc., 
from general land office to be paid by county on warrant of auditor. Re¬ 
cording plats or maps or transscribing same, compensation to be allowed 
by commisioners not exceeding the amount provided for such service 
in section 1183. 

Indexing each in strument th^ same as provided by section 1157—10. 


section 1178. 

Making and keeping a record of all surveys provided by this section, 
same fees as allowed to county recorder for like work as provided by 
section 1157, as follows: 


Recording any plat not exceeding six lines.:.$ 1 00 

Each additional line. 05 

Each 100 words actually written in counties of 35,000 or more. 10 

Less than 35,000. 12 


NOTES. 

1. It is to be observed that the fees provided by Sec. 1157 for re¬ 
cording, are not the same as the fees for the same services provided by 
Sec. 1183. 

2. The only provision for indexing the record required by Sec. 1178 
that we have been able to find, is that to be found in Sec. 1180; but no 
fee therefor is prescribed. 

3. The county should pay fees as prescribed by Sec. 1157, for all 
services rendered under 1178, 1179 and 1180; for the reasons: 

a. The services are for the benefit of the public. 

b. The county commissioners have to pass upon the matters in¬ 
volved. 

c. Both 1178 and 1180 specially refer to his compensation, and all 
three sections were originally parts of the same act. 









COMMISSION ON FEES OF COUNTY OFFICIALS. 


53 


d. His fees for making the surveys referred to in Sec. 1178 are 
legulated by the provisions of Sec. 1183; when done for a private person, 
he should pay for such services; when done for the public, the county 
should pay for it. 


section 1183. 


When employed by the day, each day...$4 00 

When not employed by the day for each rod run, not exceeding one mile.... 00| 

And each rod run over one mile... 00£ 

Making out a plat not exceeding six lines... 75 

Each line in addition.. 05 

Recording plat, same as above for making out plat. 

Calculating the contents of a tract not exceeding four sides.... 50 

Each 100 words or figures therein.. 06 

Each additional line. 10 

Mileage, going and returning, per mile. -05 

All other services same as-of other officers for like services. 


SECTION II92. 

This section provides that county surveyors for services in behalf 
of private parties shall receive the same fees as are allowed in other cases. 
This refers to the fees provided by section 1183, and the fees allowed for 
taking depositions. 


section 1194. 

This section provides that the surveyor in taking testimony to estab¬ 
lish corners under section 1193 is “entitled to demand and receive from 
the persons interested, the same fees as are by law allowed for similar 
services.” He is entitled for the services performed as surveyor the fees 
allowed by section 1183, and in addition thereto, the fees allowed an 
officer incident to taking depositions. 


section 1197. 

This section provides for compensation to be allowed by the court 
out of moneys collected, for ascertaining and reporting trespasses on 

certain public lands. 














54 


REPORT OF THE 


SECTION 2625. 

This section provides for compensation of any competent surveyor 
for services in replatting, employed by the commissioners, to be paid 
by the county, such fees as are allowed by law for similar work. 


SECTION 3346. 

This section provides that the county surveyor for services incident 
to ditches and drains along the roadbed of any railroad, shall receive 
the same compensation as is allowed for such services relating to ditches. 
His services are to be paid out of moneys collected by the county as taxes 
against such railroad company for such services. 


'• .."' 7 ‘ ■ 

SECTION 4506. 

For services under the chapter on “county ditches,” the surveyor or 
engineer shall receive “$4.00 per day for the time actually employed on 
the work designated for him to do.” 


section 4664. 

For services required in the chapter on “county roads,” the sur¬ 
veyor shall receive for each day necessarily employed $5.00, to be charged 
as costs and expenses and paid out of the county treasury. 

NOTE. 

Service relating to bridges same as Section 1183. 


--,>>*-*- t*t S 

V ' . 

SECTION 4667. 

For services in connection with the repair of roads, provided by 
Sections 4665 and 4666, the surveyor shall receive the same compensa¬ 
tion as is allowed in cases of new roads, to be paid by the county. For 
services required by the chapter on “appeals in road cases” the surveyor 
shall receive the same fees as for like services in other cases. 







COMMISSION ON FEES OF COUNTY OFFICIALS. 


55 


SECTION 4798. 

For services in connection with one-mile assessment pikes, the sur¬ 
veyor shall receive “not to exceed the customary wages per day for every 
day actually employed in locating and surveying the roads.” 


section 4849. 

For services in connection with two-mile assessment pikes, the sur¬ 
veyor shall receive such compensation as is fixed by law for the county 
surveyor for like services. 


section 911. 

The person appointed by the commissioners to examine, correct, and 
adjust to the true meridian line, any compass, etc., offered for that pur¬ 
pose, shall receive, for any instrument so adjusted, $1.00 for first correc¬ 
tion and 50 cents for each subsequent alteration. 


section 912. 

“The commissioners may pay out of the county treasury, to the per¬ 
son or persons employed to establish the line of true meridian, and to 
notice all subsequent declinations of the magnetic meridian, such com¬ 
pensation as such commissioners deem reasonable.” 


SECTION 2813a. 


As member of the decennial county board of equalization he shall 
be entitled to compensation of three or five dollars per day, depending 
upon the class of his county. 

. • ••••! 

SECTION 45IO-38. 


For services in opening ditches, etc., the same as for like services in 
ditch cases. 







56 


REPORT OF THE 


CORONER. 

SECTION I239. 

For viewing of a dead body.$ 3 00 

For drawing all necessary writings and return thereof, for each 100 words.. 10 

For traveling, each mile, to the place of view. 10 


NOTE. 

The coroner, when performing the duties of sheriff, shall receive the 
same fees as are allowed sheriffs for similar services. 


INFIRMARY DIRECTOR. 

The compensation of infirmary directors shall be paid by the county 
and is provided for by section 968. ‘‘Each infirmary director shall be 
allowed, in addition to his actual traveling expenses, $2.50 for each day 
he is employed in his official duties.” 



















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